Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 126

Power to close proceedings to the public

126. Power to close proceedings to the public



(1) The Court may make an order under this section if in its opinion it is
necessary to do so in order not to-

   (a)  endanger the national or international security of Australia; or

   (b)  prejudice the administration of justice; or

   (c)  endanger the physical safety of any person; or

   (d)  cause undue distress or embarrassment to the complainant in a
        proceeding that relates, wholly or partly, to a charge for a sexual
        offence11; or





   (e)  cause undue distress or embarrassment to a witness under examination
        in a proceeding that relates, wholly or partly, to a charge for a
        sexual offence.





(2) The Court may in the circumstances mentioned in subsection (1)-

   (a)  order that the whole or any part of a proceeding be heard in closed
        court; or

   (b)  order that only persons or classes of persons specified by it may be
        present during the whole or any part of a proceeding; or

   (c)  make an order prohibiting the publication of a report of the whole or
        any part of a proceeding or of any information derived from a
        proceeding; or

   (d)  make an order prohibiting the publication of any specified material,
        or any material of a specified kind, relevant to a proceeding that is
        pending in the Court.

(3) If an order has been made under this section, the Court must cause a copy
of it to be posted on a door of, or in another conspicuous place at, the place
at which the Court is being held.

(4) A person must not contravene an order made and posted under this section.

Penalty applying to this subsection: 1000 penalty units or imprisonment for 3
months.

(5) The Court must specify a period for which an order made under subsection
(2)(d) is to remain in force and the order shall remain in force for that
period unless it is sooner set aside by the Court.







(6) The Court may set aside or vary an order made under subsection (2)(d) on
an application made by any person, whether or not a party to the proceeding
pending in the Court.





(7) Nothing in subsection (6) prevents the Supreme Court or the County Court,
in the exercise of any jurisdiction, power or authority to do so conferred on
it, making an order to the same or a similar effect as an order under
subsection (2)(d), including an order that has effect from immediately an
order under subsection (2)(d) ceases to be in force.